The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-12-07
Supreme Court Decisions.

Hon. Jos. A. S. Mitchell. Chief-iustice.
1901. Mary Morrison, Enthusiastically, Va
Affirmed. Niblack, J.-When the defendant
pleads to the merits of the action he valves al!
objection to the suficiency of the complaint and
this waiver becomes obligatory upon his admin
istratrix his in the action.
q ).When the assignment oftan instrument is ad-
rntted. the defendant can not raise question
either as to the consideration upon which 1t WAS
made or to the motive which induced 1t. as
that would be permitting him to make an issue
upon a merely collateral question and one only
material as between asslgnor and assignee.
Is. When an assignor is permitted to enter ap
pearance as defendant, and to answer disclaiming
any interest in the subject-matter of the action.
from asserting any interest In the matters in
controversy.
I4O22 Howard Farris Va. John G. Jones ct
al. Martin c. G. Affirmed. Howk, J.-Vheu
separate demurrers filed to an original COM
plant and q supplemental complaint for INSULT
cheney of facts. ETC., such demurrers ought to
he rejected. supplemental complaint consti-
sutes, upon filing part of the original COM
plant, and demurrer to it will not lie When
such demurrers are sustained the JUDGMENT
thereoni Is void. e. In a suit to tnjoin a
county board from contracting for the erection
of a bridge, complaint which fails to allege
that the plaintiff had any possible interest in the
action, or that he was a tax payer. or would be
injured by the proposed work, Is bad on demur-
1869. Susannah Stanley vs. Silas Daley ct
al sullivan c. G. Rev-r sed. collars. j.
Where bond filed on az Pile alton for a new trial
of right omits the words land damages, the
plaintiff may suggest the defect in his COM
plant, and recover just fully for damages as
if the bond had contained the words. (Sec 1864
R. S. If the party remain silent over q year
after the bond had been approved before OBJ
lection is urged by him to the bond, he will be
considered to have waived the objection.
1858. Sarah F. Lisk Francis L. Crump
Bartholomew G. G. Reversed. Elliott, AL
though erecting barbed-wre fence is not in
itself q tort, yet the manner in which it is con-
structed and maintained may be such to
make the person erecting and maintaining il
guilty of negligence. When board Of COM
missioners authorize animals to run at large, q
landowner is chargeable with notice of this
order, aud he is bound to know that animals
wandering on the highway would seek his past
ure; that, when he maintained a barbed wire
fence along such highway negligently that it
was, in effect, trap into which it was in
great degree possible that passing animals would
be caught and injured. he became liable to the
owner of any animal injured thereby.
1858. Louisa A. Moore vs. VIM. Sargent. jr..
Allen S. c. Reversed. Mitchell. c. J.-When a
mortgage provides that upon failure to pay anv
note at maturity the whole debt shall become
due, the acceptance of part. past due, by the
mortgage does not defeat his right to enforce
payment OF the remainder unpaid. or defeat the
right Of the m ortgageor from paying the balance
of the debt at once. Such agreements are not
IN the nature of penalties forfeitures. IT,
When rule of court provided that afidavits
for change of venue be made before q case Is
called for trial." an affidavit offered after the
case has been for trial but before it is called
should be entertained.